§ 34-36-20 Common expenses – Payment.– (a) It shall be the duty of every unit owner to pay his or her proportionateshare of the common expenses. Payment shall be in amounts and at such times asdetermined by the management committee in accordance with the terms of thedeclaration or the bylaws.
(b) The amount of common expenses assessed against each unitshall be a debt of the owner at the time the assessment is made and shall becollectible as such. Suit to recover a money judgment for unpaid commonexpenses shall be maintainable without foreclosing or waiving the lien securingthe same. If any unit owner shall fail or refuse to make any payment of thecommon expenses when due, the amount thereof shall constitute a lien on theinterest of the owner in the property, and upon the recording of notice thereofby the manager or management committee shall be a lien upon the unit owner'sinterest in the property prior to all other liens and encumbrances, recorded orunrecorded, except only:
(1) Tax and special assessment liens on the unit in favor ofany assessing unit, and special district, and
(2) Encumbrances on the interest of the unit owner recordedprior to the date the notice is recorded which by law would be a lien prior tosubsequently recorded encumbrances.
(c) The manager or management committee shall, upon thewritten request of any unit owner or any encumbrancer or prospectiveencumbrancer of a unit, upon payment of a reasonable fee not to exceed tendollars ($10.00), issue to a person so requesting a written statement settingforth the unpaid common expenses with respect to the unit covered by therequest, which shall be conclusive upon the remaining unit owners and upon themanager and management committee in favor of all persons who rely thereon ingood faith. Unless the request for a statement of indebtedness shall becomplied with within ten (10) days, all unpaid common expenses which became dueprior to the date of the making of the request shall be subordinate to the lienheld by the person requesting the statement. Any encumbrancer holding a lien ona unit may pay any unpaid common expenses payable with respect to the unit andupon the payment the encumbrancer shall have a lien on such unit for theamounts paid of the same rank as the lien of his or her encumbrance.
(d) The lien for nonpayment of common expenses may beenforced by sale or foreclosure of the unit owner's interest by the manager ormanagement committee, the sale or foreclosure to be conducted in accordancewith the provisions of law applicable to the exercise of powers of sale orforeclosure in deeds of trust or mortgages or in any manner permitted by law.In any foreclosure or sale, the unit owner shall be required to pay the costsand expenses of the proceedings and reasonable attorney's fees. If so providedin the declaration or bylaws, in the case of foreclosure, the owner shall berequired to pay a reasonable rental for the unit, and the plaintiff in theforeclosure action shall be entitled to the appointment of a receiver tocollect the rental without regard to the value of the mortgage security.
(e) Unless otherwise provided in the declaration, the manageror management committee shall have power to bid in the unit at foreclosure orother sale and to hold, lease, mortgage, and convey the unit.
§ 34-36-20 Common expenses – Payment.– (a) It shall be the duty of every unit owner to pay his or her proportionateshare of the common expenses. Payment shall be in amounts and at such times asdetermined by the management committee in accordance with the terms of thedeclaration or the bylaws.
(b) The amount of common expenses assessed against each unitshall be a debt of the owner at the time the assessment is made and shall becollectible as such. Suit to recover a money judgment for unpaid commonexpenses shall be maintainable without foreclosing or waiving the lien securingthe same. If any unit owner shall fail or refuse to make any payment of thecommon expenses when due, the amount thereof shall constitute a lien on theinterest of the owner in the property, and upon the recording of notice thereofby the manager or management committee shall be a lien upon the unit owner'sinterest in the property prior to all other liens and encumbrances, recorded orunrecorded, except only:
(1) Tax and special assessment liens on the unit in favor ofany assessing unit, and special district, and
(2) Encumbrances on the interest of the unit owner recordedprior to the date the notice is recorded which by law would be a lien prior tosubsequently recorded encumbrances.
(c) The manager or management committee shall, upon thewritten request of any unit owner or any encumbrancer or prospectiveencumbrancer of a unit, upon payment of a reasonable fee not to exceed tendollars ($10.00), issue to a person so requesting a written statement settingforth the unpaid common expenses with respect to the unit covered by therequest, which shall be conclusive upon the remaining unit owners and upon themanager and management committee in favor of all persons who rely thereon ingood faith. Unless the request for a statement of indebtedness shall becomplied with within ten (10) days, all unpaid common expenses which became dueprior to the date of the making of the request shall be subordinate to the lienheld by the person requesting the statement. Any encumbrancer holding a lien ona unit may pay any unpaid common expenses payable with respect to the unit andupon the payment the encumbrancer shall have a lien on such unit for theamounts paid of the same rank as the lien of his or her encumbrance.
(d) The lien for nonpayment of common expenses may beenforced by sale or foreclosure of the unit owner's interest by the manager ormanagement committee, the sale or foreclosure to be conducted in accordancewith the provisions of law applicable to the exercise of powers of sale orforeclosure in deeds of trust or mortgages or in any manner permitted by law.In any foreclosure or sale, the unit owner shall be required to pay the costsand expenses of the proceedings and reasonable attorney's fees. If so providedin the declaration or bylaws, in the case of foreclosure, the owner shall berequired to pay a reasonable rental for the unit, and the plaintiff in theforeclosure action shall be entitled to the appointment of a receiver tocollect the rental without regard to the value of the mortgage security.
(e) Unless otherwise provided in the declaration, the manageror management committee shall have power to bid in the unit at foreclosure orother sale and to hold, lease, mortgage, and convey the unit.
§ 34-36-20 Common expenses – Payment.– (a) It shall be the duty of every unit owner to pay his or her proportionateshare of the common expenses. Payment shall be in amounts and at such times asdetermined by the management committee in accordance with the terms of thedeclaration or the bylaws.
(b) The amount of common expenses assessed against each unitshall be a debt of the owner at the time the assessment is made and shall becollectible as such. Suit to recover a money judgment for unpaid commonexpenses shall be maintainable without foreclosing or waiving the lien securingthe same. If any unit owner shall fail or refuse to make any payment of thecommon expenses when due, the amount thereof shall constitute a lien on theinterest of the owner in the property, and upon the recording of notice thereofby the manager or management committee shall be a lien upon the unit owner'sinterest in the property prior to all other liens and encumbrances, recorded orunrecorded, except only:
(1) Tax and special assessment liens on the unit in favor ofany assessing unit, and special district, and
(2) Encumbrances on the interest of the unit owner recordedprior to the date the notice is recorded which by law would be a lien prior tosubsequently recorded encumbrances.
(c) The manager or management committee shall, upon thewritten request of any unit owner or any encumbrancer or prospectiveencumbrancer of a unit, upon payment of a reasonable fee not to exceed tendollars ($10.00), issue to a person so requesting a written statement settingforth the unpaid common expenses with respect to the unit covered by therequest, which shall be conclusive upon the remaining unit owners and upon themanager and management committee in favor of all persons who rely thereon ingood faith. Unless the request for a statement of indebtedness shall becomplied with within ten (10) days, all unpaid common expenses which became dueprior to the date of the making of the request shall be subordinate to the lienheld by the person requesting the statement. Any encumbrancer holding a lien ona unit may pay any unpaid common expenses payable with respect to the unit andupon the payment the encumbrancer shall have a lien on such unit for theamounts paid of the same rank as the lien of his or her encumbrance.
(d) The lien for nonpayment of common expenses may beenforced by sale or foreclosure of the unit owner's interest by the manager ormanagement committee, the sale or foreclosure to be conducted in accordancewith the provisions of law applicable to the exercise of powers of sale orforeclosure in deeds of trust or mortgages or in any manner permitted by law.In any foreclosure or sale, the unit owner shall be required to pay the costsand expenses of the proceedings and reasonable attorney's fees. If so providedin the declaration or bylaws, in the case of foreclosure, the owner shall berequired to pay a reasonable rental for the unit, and the plaintiff in theforeclosure action shall be entitled to the appointment of a receiver tocollect the rental without regard to the value of the mortgage security.
(e) Unless otherwise provided in the declaration, the manageror management committee shall have power to bid in the unit at foreclosure orother sale and to hold, lease, mortgage, and convey the unit.
